Relates to the possession and sale of methamphetamine

Summary of provisions

Amends the penal law by adding a new subdivision 9 to section 220.06 making it a Class D felony to possess one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances if of an aggregate weight of one hundred milligrams or more.

Amends subdivision 2 of section 220.09 of the penal law making it a Class C felony to possess one or more preparations, compounds, mixture or substances containing methamphetamine, its salts, isomers or salts isomers and said preparations, compounds, mixtures or substances if an aggregate weight of one gram or more. Current law makes it a Class felony for possession of one-half ounce or more of methamphetamine.

Amends subdivision 7 of section 220.16 of the penal law making it a Class B felony if there is an intent to sell one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers or for the possession of said preparations, compounds, mixtures or substances of an aggregate weight of one-eighth ounce or more. Current law requires the intent to sell and possession of an aggregate weight of one-eighth ounce or more of methamphetamine to be considered a Class B felony.

Amends the penal law by adding a new subdivision 3 to section 220.21 making it a Class A-1 felony to possess one or more preparations, compounds, mixtures or substances containing methamphetamine, its salt isomers or salts of isomers and said preparations, compounds, mixtures or substances if of an aggregate weight of five ounces or more.

Amends subdivision 7 of section 220.39 of the penal law, making the sale of one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers a Class B felony. Current law requires the aggregate weight of the methamphetamine being sold to be one-eighth ounce or more in order to be considered a Class B felony.

Amends the penal law by adding a new subdivision 3 to section 220.43 making it a Class A-1 felony for the sale of one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances if of an aggregate weight of two ounces or more.

Justification

The US Department of Justice National Drug Intelligence Center has reported domestic methamphetamine availability is at a five year high, the result of increasing large scale production of the drug in Mexico and increases in the small scale production in the United States. For the second consecutive year, seizures of methamphetamine laboratories in the United States have risen as a result of the prevalence of what the US Department of Justice refers to as small scale "one pot" or "shake and bake" laboratories.

Overall methamphetamine availability is high and increasing, with seizure, price, and purity levels indicating an increase in availability or the drug in the US drug markets since 2009. Data available through the System to Retrieve Information from Drug Evidence (STRIDE) suggest that as the price of methamphetamine decreases, its use increases, as indicated by price numbers for the drug in 2009 when it reached its lowest level since 2005, another year of increased use.

While methamphetamine has traditionally been associated with Western and Southern regions of the country, its influence, and thus its sale and possession are moving towards the East Coast. This legislation will make the penalties for possession and or sale of methamphetamine the same as that of the possession and/or sale of cocaine and heroin. In doing so New York State will join neighboring states of Pennsylvania, Ohio, and Massachusetts in implementing strict methamphetamine laws, and solidifies a preventive block against the drug's use and sale of the Northeastern part of the US.

Current methamphetamine laws in New York are lax, underestimating a growing problem and leaving the state vulnerable to its widespread use and sale. As methamphetamine use and sale moves east and small scale production increases, this legislation will provide New York's justice system the means necessary to ensure New York State does not become grounds for prevalent methamphetamine use. With the average age of an individual having used methamphetamine in New York State being nineteen years of age, this legislation is a preventive effort by the State of New York to deter methamphetamine use and production within its border and keep its sale off our streets, and protect our children from the dangerous and potentially its use.

Prior legislative history

2014- S.3289

Fiscal implications

To be determined.

Effective date

This bill shall take effect on the first of November next succeeding the date on which it shall have become law and shall apply only to offenses committed on or after such date; offenses committed prior to such date shall be governed by the provisions of law in effect at the time the offense was committed.